Legal Opinion

Opinion No. (1981)

Nebraska Attorney General Reports

Decided June 3, 1981Published

1Opinion of the Court

REQUESTED BY: Daniel E. Bryan, Fillmore County Attorney, P.O. Box 311, Geneva, Nebraska, 68361. 1. Can an adjacent landowner clear silt out of a county road ditch without permission of the county?

2. Can a landowner dig a ditch from his property into the adjacent county road ditch allowing water that normally would not flow into the road ditch to change direction and flow into the road ditch when there is no apparent damage to the county road or ditch area?

3. Is a county road ditch through a lapse of time considered a natural watercourse?

1. Yes.

2. Yes.

3. No.

There appears to be no law…

2Cases cited4 opinions

  1. Nichol v. YocumNebraska Supreme Court · 1962
  2. Paasch v. BrownNebraska Supreme Court · 1973
  3. Nielsen v. ChappelearNebraska Supreme Court · 1963
  4. Arkfeld v. VolkNebraska Supreme Court · 1977

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